Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-08
THE ROYALL RULE,
NOTION AGAINST THE COUNSEL OF
THE FOREIGN B0NDHoLDERs.
He Makes q Statement to the Hastings
Court Setting Forth His Petition
and Privileges, &c.

ADOut IL CiOch yeStSiu"y
in the Hastings Court, Common
wealth's-Attorney Witt rose, and, ad-
dressing Judge Atkins, said: "May it
please your Honor, as l see Mr. Royal
in the courtroom, there is a matter
which I desire TO bring to the attention
of the court. | wish to ask rule.
against Mr.. Royal for intimidating the
grand jury"
Mr.. RoYALb REPLIES.
Mr.. Royal then rose and said "lt
is unnecessary for me TO disclaim any
intention to be discourteous and disre-
spectful to the court or your Honor.
had no such purpose, of course. l had
supposed when Mr.. Witt moved for
this rule he would have produced evil
dence on which he expected to mann
tain it, but as it is not produced, it Is
of no consequence, and L will produce
myself, 10y my own admissions, what
he expects to use.
1--WE all know this proceeding Is
taken against me because / sued the
grand jury OF the last term OF this
court for finding an indictment against
me under an act against barratry and
for making a public statement that |
intended to sue every member OF each
grand jury that indicted me or any OF
my clients under on unconstitutional
act
WHY HE OPPOSES THE RULE.
"The first ground on which oppose
the issuing of this ruh, said Mr..
Rovall. sis that, whether have just
cause against the grand jury or not,
still. il think | have cause of action
against them, | have right to assert
my supposed grievance in any court OF
Justice having jurisdiction of the par
ties and subject-matter.
This motion strikes Mt the funda-
mental right of every right that citizens
have. Ours is republic in which
every man, from the highest to the low
est. is under the dominion OF the law.
We have no privileged classes here. No
kings and queens, no dukes and princes,
but we all stand upon the same equal
footing of citizens, owing obedience to
the law, and bound to know what the
law is and when any man believes
that his rights under the law have
been violated by any one, from the
President Of the United States down
to the humblest citizen, the courts OF
the country are open to him TO assert
his grievances in them, and to compel
his adversary to do justice as the law
defines it. Just at this point lies the
line of demarkation between a govern
ment of brute force and a government
of law, and when an attempt is made to
stife the Voice of any citizen, to hinder
and delay him in complaining before
the courts of the land, and demanding
redress at their hands, a step has been
taken toward forcing him to redress
himself by the hand of violence.
HE CLAIMS THE RIGHT TO SUE THE GRAND
JURY.
The second ground, continued Mr..
Royal, son which | oppose this rule Is
that | not only have the right to sue the
grand Jury even if | should be unable
to maintain my suit, but that | have q
good cause of action against them, fol
which they will be responsible to me II
damages. That ground is this: | CLAIM
that the oct under which the indict
ment is found against me is repugnan
to the Constitution of the United States
and it is now the fixed and settled Law
of this land by the decisions of the Su
preme Court of the United States tina
a court which undertakes to enforce al
unconstitutional law is without jurls
dictiOn.
1T is not case of court actine
erroneously, but of "a court that has NJ
power TO act at all.
at is quO9d hOc-no court at all.
"ItisJudge Lynch's court. The Judge
the grand jury, the clerk, the prose
cutting officer, the sergeant-all to
gether constitute nothing more than {
! mob. and are all liable as trespassers
as each member Of a mob can be. This
is the settled law of this land, as YOU
Honor may see by reading Yarbrough':
case. 10 United States Reports Sci
bold case, 100 United States Reports
er-parte Royal, III United States Re
ports Norton in Shelby county, liz
United States Reports; and in Royal
case the court takes particular care t.
mention those who will be liable fol
proceeding under an unconstitutiOna
iaw-the members Of the grand jury
who found the indictment.
q ask that your Honor will no
make this rule
MR.. WITT WILL HAVE SOMETHING TO SAY
Mr.. Witt remarked: "When the pro
per time comes we will be prepared t
argue the case and give our side Of the
question" ,
The Judge then said he would ad
iourn further consideration of the mat
ter till to-day at II o'clock, when a de
murrer to the plea which Mr.. Royal
has filed to the indictment founC
against him for barratry is to be argued
and that he would consider the motion
for contempt and that plea together.